WEISS v. NIPPE


5 A.D.2d 789 (1958)

Frederick C. Weiss, Appellant, v. Kurt V. H. Nippe, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

January 20, 1958


Order denying motion to strike out defenses modified by adding thereto a provision that the amended complaint be dismissed pursuant to subdivision 6 of rule 109 of the Rules of Civil Practice, with leave to serve a further amended complaint. As so modified, order affirmed, with $10 costs and disbursements to respondent. The further amended complaint shall be served, if appellant be so advised, within 10 days after the entry of the order hereon.

The amended complaint...

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